Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Atma Linga Reddy and Ors.Vs. Union of India (UOI) and Ors.

Country/Territory
India
Type of court
National - higher court
Date
Jul 10, 2008
Source
UNEP, InforMEA
Court name
Supreme Court of India
Seat of court
New Delhi
Judge
Thakker, C.K.
Jain., D.K.
Reference number
JT2008(7)SC601, 2008(9)SCALE745
Language
English
Subject
Water, Legal questions
Keyword
Constitutional law Water rights
Abstract
The present Writ Petition in the nature of Public Interest Litigation invoking Article 32 of the Constitution was filed by residents of District Mehboobnagar in the State of Andhra Pradesh wherein the petitioners prayed for an appropriate writ, direction or order for restraining respondent no.2, State of Karnataka and respondent no.4 from constructing a Mini Hydro Power Project at Rajolibanda Diversion Scheme (RDS) by quashing and cancelling the power project. According to petitioners, the State of Karnataka acted illegally and unlawfully in sanctioning and approving the Power Project in 2002-03 in favour of respondent No. 4-a private party. Due to the said project, sufficient water for drinking purpose and for irrigation facilities was not available to the residents and farmers . They further contended that the bar envisaged by Section 11 of the Inter-State Water Disputes Act 1956 (ACT XXXIII of 1956) would not cover cases of private individuals approaching this Court as pro bono public. The respondent State contended that the Writ Petition was not maintainable as per Article 262(2) of the Constitution read with Section 11 of Act XXXIII of 1956 which bars jurisdiction of all Courts and also that water disputes regarding RDS is pending for consideration before Krishna Water Disputes Tribunal. Further it was contended that Petitioners have no locus standi to agitate water disputes or a matter connected therewith, only State can file a suit in this Court under Article 131 of the Constitution. The Court held that no public will be entitled to file a public interest ligitation (PIL) in the matter concerning the sharing of water of any inter-state river, and justified the construction of the hydro-electric project at Rajolibanda in Raichur district by the Karnataka government. The petition under Article 32 of the Constitution is not maintainable and is liable to be dismissed, no further action is called for. While reading out the operative part of the judgement, the Judge said the states should be the party in a river water disputes.The Court held that a writ petition under Article 32 had been expressly excluded by virtue of the above provisions, and hence, the petition was not maintainable. Article 262 is an enabling provision and empowers Parliament to enact a law providing for adjudication of such disputes or complaints, excluding the jurisdiction of all Courts including the Supreme Court. Article 131 of the Constitution which enables the Central Government or a State Government to institute a suit in this Court on its Original Side in certain cases also cannot be invoked in inter-State water disputes in view of Section 11 of the Act. Further, the question of construction of Mini Hydel Project is very much before the Tribunal constituted under the Act and the matter is sub judice. Hence writ petition was dismissed.
Full text
COU-155932.pdf
Website
judis.nic.in